United States v. Michael James Montgomery

[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ FILED U.S. COURT OF APPEALS No. 10-14607 ELEVENTH CIRCUIT Non-Argument Calendar JUNE 1, 2011 ________________________ JOHN LEY CLERK D.C. Docket No. 6:03-cr-00210-ACC-GJK-2 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus MICHAEL JAMES MONTGOMERY, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Middle District of Florida ________________________ (June 1, 2011) Before HULL, MARTIN and ANDERSON, Circuit Judges. PER CURIAM: Tracy N. DaCruz, appointed counsel for Michael James Montgomery in this 18 U.S.C. § 3582(c)(2) proceeding, has moved to withdraw from further representation of the appellant and filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Our independent review of the entire record reveals that counsel’s assessment of the relative merit of the appeal is correct. Because independent examination of the entire record reveals no arguable issues of merit, counsel’s motion to withdraw is GRANTED, and the district court’s order denying Montgomery a sentence reduction under § 3582(c)(2) is AFFIRMED. 2